Thomas v. Little Rock
In Thomas v. Little Rock, 52 Ark. App. 24, 914 S.W.2d 328 (1996), appellants filed suit alleging that the public's claim to the westernmost thirty feet of an alley became extinguished by common law abandonment. Id.
Appellants also sought to quiet title, subject to utility easements, to the north five feet of the alley's westernmost thirty feet. The City of Little Rock moved for summary judgment, arguing that there was no genuine issue of material fact about whether, as a matter of law, common law abandonment applied to platted and dedicated alleys in municipal subdivisions.
The trial court in the Thomas case found that there were no genuine issues of material fact and granted summary judgment in favor of the City of Little Rock.